SB-1495, As Passed House, December 13, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1495

     A bill to amend 1953 PA 232, entitled

"Corrections code of 1953,"

by amending section 40a (MCL 791.240a), as amended by 2006 PA 316.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 40a. (1) After a prisoner is released on parole, the

prisoner's parole order is subject to revocation at the discretion

of the parole board for cause as provided in this section.

     (2) If a paroled prisoner who is required to register pursuant

to the sex offenders registration act, 1994 PA 295, MCL 28.721 to

28.736, willfully violates that act, the parole board shall revoke

the parole. If a prisoner convicted of violating or conspiring to

violate section 7401(2)(a)(i) or (ii) or 7403(2)(a)(i) or (ii) of the

public health code, 1978 PA 368, MCL 333.7401 and 333.7403, is

released on parole and violates or conspires to violate article 7

of the public health code, 1978 PA 368, MCL 333.7101 to 333.7545,

and that violation or conspiracy to violate is punishable by

imprisonment for 4 or more years, or commits a violent felony

during his or her release on parole, parole shall be revoked.

     (3) Within 45 days after a paroled prisoner has been returned

or is available for return to a state correctional facility under

accusation of a parole violation other than conviction for a felony

or misdemeanor punishable by imprisonment under the laws of this

state, the United States, or any other state or territory of the

United States, the prisoner is entitled to a fact-finding hearing

on the charges before 1 member of the parole board or an attorney

hearings officer designated by the chairperson of the parole board.

The fact-finding hearing shall be conducted only after the accused

parolee has had a reasonable amount of time to prepare a defense.

The fact-finding hearing may be held at a state correctional

facility or at or near the location of the alleged violation.

     (4) If, before a fact-finding hearing begins, the accused

parolee alleges that he or she is indigent and requests that an

attorney be appointed to represent him or her, the parole board

member or attorney hearings officer who will conduct the hearing

shall determine whether the accused parolee is indigent. If the

accused parolee is determined to be indigent, the parole board

member or hearings officer shall cause the appointment of an

attorney to represent the accused parolee at the fact-finding

hearing. The cost of the appointed attorney shall be paid from the

department's general operating budget.

(5)  (4) An accused parolee shall be given written notice of

the charges against him or her and the time, place, and purpose of

the fact-finding hearing. At the fact-finding hearing, the accused

parolee may be represented by  an appointed or  a retained attorney

or an attorney appointed under subsection (4) and is entitled to

the following rights:

     (a) Full disclosure of the evidence against him or her.

     (b) To testify and present relevant witnesses and documentary

evidence.

     (c) To confront and cross-examine adverse witnesses unless the

person conducting the fact-finding hearing finds on the record that

a witness is subject to risk of harm if his or her identity is

revealed.

     (d) To present other relevant evidence in mitigation of the

charges.

(6)  (5) A fact-finding hearing may be postponed for cause

beyond the 45-day time limit on the written request of the parolee,

the parolee's attorney, or, if a postponement of the preliminary

parole violation hearing required under section 39a has been

granted beyond the 10-day time limit, by the parole board.

(7)  (6) The director or a deputy director designated by the

director shall be notified in writing if the preliminary parole

violation hearing is not conducted within the 10-day time limit,

and the hearing shall be conducted as soon as possible. The

director or a deputy director designated by the director shall be

notified in writing if the fact-finding hearing is not conducted

within the 45-day time limit, and the hearing shall be conducted as

soon as possible. A parolee held in custody shall not be released

pending disposition of either hearing.

(8)  (7) If the evidence presented is insufficient to support

the allegation that a parole violation occurred, the parolee shall

be reinstated to parole status.

(9)  (8) If the parole board member or hearings officer

conducting the fact-finding hearing determines from a preponderance

of the evidence that a parole violation has occurred, the parole

board member or hearings officer shall present the relevant facts

to the parole board and make a recommendation as to the disposition

of the charges.

(10)  (9) If a preponderance of the evidence supports the

allegation that a parole violation occurred, the parole board may

revoke parole, and the parolee shall be provided with a written

statement of the findings of fact and the reasons for the

determination within 60 days after the paroled prisoner has been

returned or is available for return to a state correctional

facility.

(11)  (10) A parolee who is ordered to make restitution under

the William Van Regenmorter crime victim's rights act, 1985 PA 87,

MCL 780.751 to 780.834, or the code of criminal procedure, 1927 PA

175, MCL 760.1 to 777.69, or to pay an assessment ordered under

section 5 of 1989 PA 196, MCL 780.905, as a condition of parole may

have his or her parole revoked by the parole board if the parolee

fails to comply with the order and if the parolee has not made a

good faith effort to comply with the order. In determining whether

to revoke parole, the parole board shall consider the parolee's

employment status, earning ability, and financial resources, the

willfulness of the parolee's failure to comply with the order, and

any other special circumstances that may have a bearing on the

parolee's ability to comply with the order.

(12)  (11) As used in this section, "violent felony" means

that term as defined in section 36.